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I really need some advice regarding our council tax debt that was passed on to Jacobs last year please. I will start by explaining how this come about.

 

We were liable for 75% of our council tax and was paying weekly until I became ill and got the devastating news that I had an aggressive form of cancer in early 2011. Due to the many hospital appointments, plus surgery,radiotherapy and stress we just kept forgetting to make the payments, eventually it was passed to Jacobs. The bailiff came out and my husband explained the situation and he was understanding and left on the condition we pay £25 per week. This was affordable at the time but then my treatment caused side effects that I was no longer able to drive and he had to reduce his hours in work in order to take the children to and from school. At the time we were able to claim working tax credits, however due to the new rules that came about at the beginning of this April we no longer qualified for WTC and so lost £74 per week. We just cannot pay £25 a week to Jacobs. Fortunately I am now in remission but suffer from severe anxiety and panic attacks and have been diagnosed with a severe anxiety disorder.

 

Today I rang Jacobs to explain our situation and offer them £10 per week and the advisor was really rude and unhelpful. She said if we didnt bring the account up to date and carry on with the £25 per week the bailiff would remove our goods in 4 days. I told her that I had been ill and suffer from anxiety attacks and threats of bailiffs is only making me more ill - her reply was "thats just your opinion" I have rang the council and asked them to recall the debt so I can pay them and they said they cannot . I just dont know what to do, its not that I dont want to pay, we just cant pay as much anymore. Can someone advise me please?

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If the bailiffs have NEVER gained peaceful entry to you're home they will NOT be able to remove you're belongings

 

so far do bailiffs claim to have a levy/walking possession agreement ?

 

best to make payments direct to council online or automated telephone service

 

you may be classed as vulnerable with you're circumstances

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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good:-)

the council can recall the debt at any point

all the time you are paying bailiffs they will be charging you payment fees so will be costing you more

 

Keep bailiffs out payments direct to council once bailiffs give up it would get handed back to council

 

deny bailiffs a levy on anything including car ect

 

as you have not let them in before they can NOT force entry get a locksmith ect or send you to prison is there favorite lie

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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you need to contact the council and get a current balance of the account will be very different to what bailiffs think you owe

 

have you a record of payments made to bailiffs

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Firstly, the council can take back the debt, however you have to jump through some hoops to get them to do it. Send them a copy of any medical records you have showing your condition. Send them an income and expenditure form with proof of benefits. Serifs a cover letter explaining how you are considered to be a vulnerable person in accordance with current debt enforcement regulations and ask them again to take back the debt.

 

You need to find out if the council has a Liability Order against you and whose name it is in. The council cannot use Bailiffs if they havent taken the debt to the Magistrates Court.

 

When the Bailiff visited, did you let him into your house? This is an important factor to consider in relation to what powers are at the Bailiff's disposal.

 

I know how stressful this is, however please remember that Certificated Bailiffs, such as Jacobs, rarely have the power and authority they say they do.

  • Haha 1
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Ok, just read that you havent let them in, that's good. Please take note from IHB's comments, BAILIFFS DO LIE.

 

Thank you for your reply. This has made me feel so much better. I will write back to the council with copies of my medical records and they know that our income has significantly dropped as we have recently been award HB and CTB for this year.

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Thank you for your reply. This has made me feel so much better. I will write back to the council with copies of my medical records and they know that our income has significantly dropped as we have recently been award HB and CTB for this year.

 

Good luck with it all. Just a short note, always record any Bailiff visits or phone calls and always keep any paperwork you get from the council and Bailiffs.

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Firstly, the council can take back the debt, however you have to jump through some hoops to get them to do it. Send them a copy of any medical records you have showing your condition. Send them an income and expenditure form with proof of benefits. Send a cover letter explaining how you are considered to be a vulnerable person in accordance with current debt enforcement regulations and ask them again to take back the debt...

 

Good advice, Annette1973. Make sure you send everything signed for and addressed to the Head of Revenues. Also copy all info, with a covering letter, to Jacobs. They have a responsibility - which they have clearly ignored - to assess your personal circumstances and act in accordance with the National Standards. Due to the severity of your illness, they have failed in their duty of care to you. Keep that in mind for a Formal Complaint to the Council CEO should the council play hard to get ...

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To help you get this under way try and contact your local Councillor(s) as they have access to those who can stop this action in its tracks. In my view Councillor(s) are available 7 days a week up until 9pm, if they are reluctant or refuse then go straight to the Leader of the Council and his opposite number. You should not be having to fight this on your own.

 

PT

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It is vitally important that you understand that the LOCAL AUTHORITY are WHOLLY RESPONSIBLE for the levy and fees charged by THEIR AGENTS.

 

For this reason ALL letters should be addressed to the council and COPIED to the bailiff company.

 

Questions that need to be asked of the council are as follows:

 

Amount of Liability Order

 

Confirmation that the ONLY fee that has been added to the account is £24.50 for "attending to levy" (where no levy was made) . This is the amount stated in the statutory fee scale as laid down by Parliament when enforcing unpaid council tax.

 

Confirmation of the amount paid to them by their bailiff provider.

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Thank you for all your advice. I have today sent letters to both the council and Jacobs including all the info I have been given on here.

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Thank you everyone for your help. Just had a phone call from the council to say they are recalling the debt from Jacobs and that we can pay £10 per week standing order! Really pleased they took notice of our letter and dealt with it quickly. Thanks again :)

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  • 1 month later...

I had my first letter from Jacobs today and can only thank you good people for posting this thread and can only sympathise. My response is as follows - I am complaining to my local council about them:

 

"I beg to make a formal complaint regarding the collection of council tax.

 

I have had a long-term problem paying my council tax due to the change of date year to year. I have lived here for 14 years and biannually my initial demand letter for council tax has changed from being due on the 5th to the 15th of the month. This causes me problems every other year when it becomes due on the 5th in that pay is weekly and the mortgage is payable on the 1st of the month. This year it is the 5th, hence we have defaulted on payments. We can not afford to switch to direct debit to change the payment date due to variable weekly wages making it impossible to avoid bank charges. I have been told in the past by an adviser in the council tax recovery office that direct debit would be the only means by which the payment date could be changed.

 

Furthermore, our first payment was due April 5th. This website says of Final notices:

"If you fall behind on a 3rd occasion this will result in a final notice being sent to you. This cancels your right to pay by instalments and requests payment of the full outstanding balance within 7 days."

 

I fail to see how I could have fallen behind on a THIRD occasion given that the summons for none payment was issued on the 18th of May? What with April being the first month in which payment was due and May the second, the third occasion could not possibly have been earlier than the 6th of June? This misinformation has generated £78 court costs, another summons and a letter from Jacobs Bailiffs.

 

Which brings another matter to the fore. The letter received from Jacobs Bailiffs. It said that "You must pay this sum IN FULL immediately and directly to Jacobs, NOT THE COUNCIL", later it says that "If you want us to consider a payment arrangement you must complete the enclosed questionnaire in full, including details of your offer, and send it to us, NOT THE COUNCIL, within 7 days". I became extremely anxious since I could not contact them via their AUTOMATED telephone system as I do not have a digital telephone. However, on phoning the recovery department at Bury, a payment arrangement was easily made. The letter from Jacobs also included an income/ essential outgoing form which is in no manner sufficient to include essential outgoings. Although it allows for mortgage, water, gas, electricity, travel to work, house/life insurance - it does not make any allowance for other debts/credit agreements you may have. Neither does it allow for pensions (which are apparently soon to be compulsory), tv license, school dinners/uniform and children's clothing (at least), food shopping, food consumed at work, which is essential whilst working away from home.

 

There are complaints (revealed by a quick google) all over the internet: about Jacobs Bailiffs and the fact that they lied twice in the letter quoted above, I believe, gives those complaints some credence. I understand that it is the Council's decision to recall the debt, however, Jacobs lied in saying this was not possible. I do not believe they can be trusted and due to that, do not like the fact that Bury Council are employing due to the fact that Bury residents are being lied to.

 

Yours Sincerely,

Lozzyv"

 

And I do intend to take this to the local ombudsman :mad2:

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